;· � ACH PR Q · · African Commission on mwc· � Human and Peoples' Rights Human Rights our Collective Responsibility the manner in which the law is formulated, but also, as in this case, the manner in which the implementation of that law is conducted' . 30 129. In this respect, the protection accorded to litigants against unfair discrimination is very much similar to the general non-discrimination clause under article 2. The Commission has insisted that "the premise under Article 3 of the African Charter is that . . . the State has an affirmative duty to prohibit discrimination and ensure that all persons are protected by the law and are equal before the law" . 31 130. In Purohit and Moore v Gambia (The), in determining the extent to which a piece of legislation imposing indefinite institutionalization to a category of people referred to as 'lunatics' was discriminatory, the Commission considered whether the concerned individuals were able to challenge their detention in designated institutions. The Commission noted that those who were most likely to be assigned to that regime were those who lived on the streets or who were poor, and that in reality those who were wealthy enough to afford the services of a lawyer would be able to contest any such confinement. The Commission concluded that this situation 'fails to meet the standards of anti-discrimination and equal protection of the law as laid down under the provisions of Articles 2 and 3 of the African Charter'. 32 131. In the present communication, the Complainant submits that the Supreme Court, acted contrary to the equality of arms principle in that its interpretation discriminates between a plaintiff and a defendant as the latter is not bound to retain services of an attorney to defend or resist an action. The Complainant argues that Rule 4(b) of the Supreme Court Rules stipulates that the defendant or other party may appear in person or be represented and that these rules cannot be interpreted to discriminate between parties to a suit. 33 Rule 4(b) reads as follows: "Every plaint shall specify [. . . ](b) that a failure by defendant or other party to appear or be represented may result in the Court delivering judgment against him in favour of the plaintiff in terms of the plaint". 30 Communication 294/04, Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v Zimbabwe (2009), AC -IJ;Bl-;:::P:R!a::�:See also Communication 323/06, n24 above, para. 176. L 1 -c,9 "'t cF>� 4 '?,4,�.1,; 3 1 Communication 323/06, n24 above, para 175. ,�, 32 Communication 241 /01, Purohit and Moore v Gambia (The), 29 May 2003, para 54 :}' 33 Complainant's Submissions, 5 December 2023, received 18 December 2023, p .4. 1 Af�nr�,, UrnonW Page 30 of 45 African Commission 31 Bijilo Annex L· Email: auhttps:/achpr.au.int/0 0 D